Common use of Patents and Infringement Clause in Contracts

Patents and Infringement. (1) If any infringement comes to the attention of CIMYM it shall promptly notify CIMAB in writing. If any infringement comes to the attention of CIMAB, CIMAB shall promptly notify CIMYM in writing. CIMYM shall take such steps as it may consider advisable against that infringement for the protection of CIMAB, CIM, or CIMYM's rights in the Territory. CIMYM shall have exclusive carriage and control of any action for infringement, and may settle any such action without the consent of CIMAB or CIM. CIMYM shall assume the cost of any such action in the Territory. CIMYM may delegate the carriage and control of any such action to an Affiliated Company or to a sub-licensee. (2) If any actual or potential claim against CIMAB, CIM or CIMYM relating to the Product comes to the attention of CIMYM, CIMYM shall promptly notify CIMAB in writing. If any actual or potential claim against CIMAB, CIM, CIMYM relating to the Product comes to the attention of CIMAB, CIMAB shall promptly notify CIMYM in writing. CIMYM shall have exclusive carriage and control of any action brought against YM. CIM, CIMYM or CIMAB. arising out of CIMYM's use of the Technology, or arising out of the Manufacturing, Finishing or Marketing, or any sale or offer of sale of the Product in any country in the Territory, and may settle any such action without the consent of CIMAB or CIM. CIMYM may delegate the carriage and control of ~: any such action to an Affiliated Company or to a sub-licensee. (3) CIMYM shall assume the expense for the filing, prosecution and maintenance of all Patents in all countries in the Territory. CIMYM shall consult with CIMAB in making any significant decisions in the filing, prosecution and maintenance of the Patents.

Patents and Infringement. (1) If any infringement comes 6.1 BAYLOR shall continue, at its expense, the efforts commenced prior to the attention Agreement Date to obtain a United States patent on the Licensed Patents. GENICA shall be responsible for all of CIMYM it shall promptly notify CIMAB in writing. If any infringement comes to the attention of CIMAB, CIMAB shall promptly notify CIMYM in writing. CIMYM shall take such steps as it may consider advisable against that infringement expenses incurred after the Agreement Date for the protection preparation, filing, prosecution and maintenance of CIMAB, CIM, foreign patent applications and resulting foreign patents. The Parties shall utilize patent attorneys or CIMYMagents of BAYLOR's rights in the Territory. CIMYM shall have exclusive carriage and control of any action for infringement, and may settle any such action without the consent of CIMAB or CIM. CIMYM shall assume the cost of any such action in the Territory. CIMYM may delegate the carriage and control of any such action to an Affiliated Company or to a sub-licensee. (2) If any actual or potential claim against CIMAB, CIM or CIMYM relating to the Product comes to the attention of CIMYM, CIMYM shall promptly notify CIMAB in writing. If any actual or potential claim against CIMAB, CIM, CIMYM relating to the Product comes to the attention of CIMAB, CIMAB shall promptly notify CIMYM in writing. CIMYM shall have exclusive carriage and control of any action brought against YM. CIM, CIMYM or CIMAB. arising out of CIMYM's use of the Technology, or arising out of the Manufacturing, Finishing or Marketing, or any sale or offer of sale of the Product in any country in the Territory, and may settle any such action without the consent of CIMAB or CIM. CIMYM may delegate the carriage and control of ~: any such action to an Affiliated Company or to a sub-licensee. (3) CIMYM shall assume the expense choice for the filing, prosecution and maintenance issuance of the United States and all foreign patent applications on the Licensed Patents. GENICA expressly authorizes and directs BAYLOR to instruct such counsel to invoice GENICA directly for all of the expenses and fees related to all foreign filings. GENICA shall have reasonable input in deciding which foreign filings will be made. Should GENICA refuse to pay for certain foreign filings, then BAYLOR may do so at its own expense, retaining license and patent rights secured for such filings. BAYLOR shall instruct its counsel to copy GENICA on all correspondence related to the Licensed Patents. BAYLOR and its faculty members shall cooperate fully in the preparation, filing and prosecution of all United States and foreign patent applications filed pursuant to this paragraph. 6.2 If it is believed in good faith that the Licensed Patents are infringed by a third party, the party to this License Agreement first having knowledge of such infringement shall promptly notify the other in all countries writing, which notice shall set forth the facts of such infringement in reasonable detail. GENICA shall have the Territory. CIMYM shall consult with CIMAB in making right, but not the obligation, to institute and prosecute at its own expense an action or proceeding against any significant decisions in the filing, prosecution and maintenance such infringement of the Licensed Patent. If GENICA fails to bring such action or proceedings within a period of three (3) months after receiving written notice or otherwise having knowledge of such in- fringement, then BAYLOR shall have the right, but not the obligation, to institute or prosecute at its own expense an action or proceeding against any infringement of the Licensed Patents. Any recovery of damages and costs in such suits shall be apportioned as follows: the party bringing suit shall first recover an amount equal to two times the costs and expenses incurred by such party directly related to the initiation and full prosecution of such action and the remainder shall be divided equally between BAYLOR and GENICA.

Patents and Infringement. (1) If any infringement comes to the attention of CIMYM, CIMYM it shall promptly notify CIMAB in writing. If any infringement comes to the attention of CIMABCIMAB or CIM, CIMAB shall promptly notify CIMYM in writing. CIMYM shall take such steps steps, as it may consider advisable against that infringement for the protection of CIMAB, CIM, or CIMYM's CIM and CIMYM rights in the Territory. CIMYM shall have exclusive carriage and control of any action for infringement, and may settle any of such action actions without the consent of CIMAB or CIM. CIMYM shall assume the cost of any such action in the Territory. CIMYM may delegate the carriage and control of any such action to an Affiliated Company or to a sub-licensee, provided CIMYM obtains the written consent of CIMAB, such consent not to be withheld unreasonably. (2) If any actual or potential claim against CIMAB, CIM or CIMYM relating to the Product comes to the attention of CIMYM, CIMYM shall promptly notify CIMAB in writing. If any actual or potential claim against CIMAB, CIM, CIM or CIMYM relating to the Product comes to the attention of CIMABCIMAB or CIM, CIMAB shall promptly notify CIMYM in writing. CIMYM shall have exclusive carriage and control of any action brought against YM. CIMCIMAB, CIM or CIMYM or CIMAB. arising out of CIMYM's use of the Technology, or arising out of the Manufacturing, Finishing or Marketing, or any sale or offer of sale of the Product in any country in the Territory, and may settle any such action without the consent of CIMAB or CIM. , CIMYM may delegate the carriage and control of ~: any such action to an Affiliated Company or to a sub-licenseelicensee provided CIMYM obtains the written consent of CIMAB, such consent not to be withheld unreasonably. (3) CIMYM shall assume the expense for the filing, prosecution and maintenance of all Patents in all countries in the Territory. CIMYM CIMAB shall consult with CIMAB -CIMYM in making any significant decisions in the filing, prosecution and maintenance of the Patents.